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Pay & Leave Claim Decisions

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Office of the General Counsel

Date: Matter of: [xxx] File Number: S9700563

OPM Contact: Murray M. Meeker

This responds to a back pay claim from [xxx], a former employee of the [agency], for the period from September 29, 1986 to August 29, 1987. Having been received more than six years after the claim accrued, Ms. [xxx]'s claim is barred.

In accordance with the Barring Act, 31 U.S.C. 3702(b)(1), every claim against the United States is barred unless such claim is received within six years after the date such claim first accrued. The Barring Act does not merely establish administrative guidelines, it specifically prescribes the time within which a claim must be received in order for it to be considered on its merits. OPM has no authority to disregard the provisions of the Barring Act or to waive the time limitation that it imposes. See Alfred L. Lillie, B-209955, May 31, 1983. Thus, there is no basis upon which Ms. [xxx]'s claim may be considered.